MARSHALL v. ANTELL

3064, 704928/13.

147 A.D.3d 478 (2017)

47 N.Y.S.3d 275

2017 NY Slip Op 01129

CAROLINE MARSHALL, Appellant, v. DARRICK E. ANTELL, MD, P.C., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 10, 2017.


Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered on or about February 29, 2016, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

While defendant nurse owed a duty of care to plaintiff in the ordinary negligence context when she was assisting plaintiff in plaintiff's home after a surgical procedure (see Weiner v Lenox Hill Hosp., 88 N.Y.2d 784

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